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Postpetition Tort Liability
362(a)(3) covers property of the estate.
1306(a)(2) makes debtors earning property of the estate.
Therefore automatic stay protects debtor's earnings.
Dennis, what is your authority that the claim getsadministrative priornity?
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: cdcbaa@yahoogroups.com
Sent: Sunday, December 11, 2011 9:41 PM
Subject: Re: [cdcbaa] Postpetition Tort Liability
Wow, I get to correct Dennis:
See 348(d). Otherwise, great heads-up! (or is that "heads up" or "headsup"?)
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Dec 11, 2011, at 7:49 PM, Dennis McGoldrick wrote:
>
>
>opinion 1:
>
>postpetition is one word, not two, see sections 549 and 552.
>
>opinion 2:
>
>The claim is an administrative claim. I creditor makes a motion to have the admin claim allowed, it has to be paid ahead of other claims.
>
>if debtor can convert to chapter 7, convert. Postfiling (also one word) claims become prepetition claims in conversion from 13 to 7, see 349.
>
>dennis
>
>
>
>________________________________
>To: cdcbaa@yahoogroups.com
>Sent: Thursday, December 8, 2011 11:39 PM
>Subject: [cdcbaa] Post Petition Tort Liability
>
>
>
>Chapter 13 debtor's plan was confirmed 15 months ago. Debtor was driving car with minimum insurance coverage, ran stop sign and caused serious injuries to the driver and passenger in the other car.
>
>Damages far exceed the coverage and the injured parties' lawyer wants to sue the debtor to get a judgment and take all non exempt wages (so he says).
>
>I say debtor's wages are property of the estate under 1306 and 362(a) (3) and (4) cover this situation.
>
>He says that the accident occured post petition and the stay can't possibly cover this situation.
>
>Debtor is emboldened by the prospect that he can pay his mortgage payments and car payments and plan payment and the injured people can't do anything about it.
>
>Any opinions?
>
>
>
>
>
>
The post was migrated from Yahoo.
charsetNDOWS-1252;
formatowed;
delsps
Wow, I get to correct Dennis:
See 348(d). Otherwise, great heads-up! (or is that "heads up" or
"headsup"?)
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Dec 11, 2011, at 7:49 PM, Dennis McGoldrick wrote:
>
> opinion 1:
>
> postpetition is one word, not two, see sections 549 and 552.
>
> opinion 2:
>
> The claim is an administrative claim. I creditor makes a motion to
> have the admin claim allowed, it has to be paid ahead of other claims.
>
> if debtor can convert to chapter 7, convert. Postfiling (also one
> word) claims become prepetition claims in conversion from 13 to 7,
> see 349.
>
> dennis
>
> To: cdcbaa@yahoogroups.com
> Sent: Thursday, December 8, 2011 11:39 PM
> Subject: [cdcbaa] Post Petition Tort Liability
>
>
> Chapter 13 debtor's plan was confirmed 15 months ago. Debtor was
> driving car with minimum insurance coverage, ran stop sign and
> caused serious injuries to the driver and passenger in the other car.
>
> Damages far exceed the coverage and the injured parties' lawyer
> wants to sue the debtor to get a judgment and take all non exempt
> wages (so he says).
>
> I say debtor's wages are property of the estate under 1306 and
> 362(a) (3) and (4) cover this situation.
>
> He says that the accident occured post petition and the stay can't
> possibly cover this situation.
>
> Debtor is emboldened by the prospect that he can pay his mortgage
> payments and car payments and plan payment and the injured people
> can't do anything about it.
>
> Any opinions?
>
>
>
>
>
charsetNDOWS-1252
Wow, I get to correct Dennis:See 348(d). Otherwise, great heads-up! (or is that "heads up" or "headsup"?)Jason Jason Wallach
The post was migrated from Yahoo.